Opinion
570140/06.
Decided July 3, 2006.
Defendant appeals, as limited by its brief on appeal, from that portion of an order of the Civil Court, Bronx County (Julia I. Rodriguez, J.), dated January 6, 2006, which denied its cross motion for summary judgment.
Order (Julia I. Rodriguez J.), dated January 6, 2006, affirmed, with $10 costs.
PRESENT: McKEON, P.J., DAVIS, GANGEL-JACOB, JJ.
On the record developed below, issues of fact exist as to whether plaintiff complied with defendant's verification request. The evidence submitted by plaintiff in opposition to defendant's cross motion for summary judgment, while insufficient to conclusively establish that plaintiff responded to defendant's demand for verification, sufficed to raise an issue of fact as to whether plaintiff mailed the verifications ( see Mount Sinai Hosp. v. Allstate Ins. Co., 25 AD3d 673; cf. Central Suffolk Hosp. v. New York Cen. Mut. Fire Ins. Co., 24 AD3d 492).
This constitutes the decision and order of the court.